INTERNATIONAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

C O N F I D E N T I A L USUN NEW YORK 000429

SIPDIS

SIPDIS

E.O. 12958: DECL: 05/31/2017
TAGS: KAWC KJUS UN XT ZL XF
SUBJECT: INTERNATIONAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
(ICTY) PROSECUTOR VACANCY

REF: SECSTATE 70877

Classified By: Amb. Wolff for reasons 4 (b) and (d)


1. (C) Summary: In a conversation with the UN Legal Counsel,
Amb Wolff again urged that the Secretary General delay
filling the soon to be vacant ICTY Prosecutor's job in order
to allow time to identify another suitable UN position for
the UN International Independent Investigation Commission
(UNIIIC) Chief Serge Brammertz. Brammertz is pressing the UN
to make the appointment now, effective at a later date when
he has completed his current assignment. Brammertz
subsequently called Wolff to reiterate his concern, expressed
in an earlier conversation, that he have clarity before June
15, when he would otherwise return to his position at the
International Criminal Court (ICC). Brammertz insisted on a
written UN employment commitment but agreed to remain
flexible as to the nature of his future UN appointment. End
Summary.

2.(C) Amb Wolff, May 25, contacted UN Legal Counsel Nicolas
Michel for a response to his earlier demarche to Michel and
the Secretary General's Deputy Chief of Staff Woo-Soo Kim
concerning the ICTY Prosecutor vacancy (reftel). Michel said
that he had been awaiting the return of the Secretary General
before responding and will consult with the SYG's staff when
they return today. Michel indicated that the UN had agreed
to give Brammertz a written commitment concerning his future
employment by June 1.

3.(C) Subsequently, Serge Brammertz, Commissioner of the
UNIIC called Wolff from Beirut to explain that time is
running out and he must let the ICC know whether he will be
resuming his duties there as Deputy Prosecutor, before his
June 15 contract expires. Repeating the position he expressed
when he and Wolff met on May 16, Brammertz said that he needs
clarity about his future with the UN before relinquishing his
position at the ICC. Brammertz had discussed the ICTY
Prosecutor vacancy with the UN and sought to receive a
commitment in writing by June 1 to be nominated for the ICTY
job. He agreed to remain flexible concerning the timing of
the appointment, provided the commitment to appoint him
"sometime later this year" was transmitted in the June 1
letter. He also acknowledged that he remained willing to
consider a job as a senior UN inspector general but noted
that such a position has not been established and was
unlikely to be for the foreseeable future.
KHALILZAD